Liquor Control Board - April 18, 2018 Minutes
April 18, 2018 1:30 P.M.
Present: Commissioner Piepkorn, Police Chief Dave Todd, City Auditor Sprague, Grant Larson, Environmental Health,
Absent: Commissioner Gehrig
Others Present: Asst. City Attorney Nancy Morris; Rick Carik, Rick’s; Dustin Mitzel, Happy Harry’s; Rick Nymark; Dave Erickson, Bulldog Tap; Duane Litton, Duffy’s; Randy Thorson, Old Broadway; Cody Nelson, Barbacoa; Melissa Rademacher, DCP; Randy Wigen, Kilstone Brewing, Other members of the media, concerned citizens and other members of the industry.
Meeting was called to order at 1:30 P.M.
1. Commissioner Piepkorn called the meeting to order and asked if there were any additions or corrections to the minutes of March 28, 2018. There were no additions or corrections to the minutes of March 28, 2018. Moved by Larson, seconded by Todd to approve the minutes of the March 28, 2018 meeting of the Liquor Control Board all voted in favor, motion passed unanimously.
2. A. The first application to be considered today is for the transfer of a Class “GH” alcoholic beverage license from Leela Thai Cuisine LLC d/b/a Leela Thai located at 1450 25th Street South to Maya Thai LLC d/b/a Leela Thai Cuisine to be located at 1450 25th Street South.
There were no questions or comments regarding this application.
Moved by Sprague, seconded by Larson approve the transfer of a Class “GH” alcoholic beverage license from Leela Thai Cuisine LLC d/b/a Leela Thai located at 1450 25th Street South to Maya Thai LLC d/b/a Leela Thai Cuisine to be located at 1450 25th Street South, all voted in favor, motion passed unanimously.
B. The second application to be considered today is for the issuance of a Class “C-W-M” alcoholic beverage license to JGB LLC d/b/a Kilstone Brewing to be located at 222 Broadway.
Chief Todd expressed concern about alcohol density in the downtown area, he referenced the Downtown Master Plan and the need for balance between Residential, Commercial and Entertainment. He indicated there are retailers that have seen tremendous increases in the valuation of their buildings and consequently increases in taxes. Meeting this increased overhead can be difficult; there may come a time when only bars can afford to be downtown.
Commissioner Piepkorn commented that downtown is an entertainment district. Recently, he was in Key West and noticed the major entertainment district was located in the downtown area, there was a lot of residential and commercial in the area. Most major cities have a higher concentration of bars and restaurants in the downtown area. The Renaissance Zone was established to combat falling property values, drawing people to downtown should help improve safety. He feels Cowboy Jacks will improve safety north of the tracks.
Moved by Sprague, seconded by Larson approve issuance of a Class “C-W-M” alcoholic beverage license to JGB LLC d/b/a Kilstone Brewing to be located at 222 Broadway, all voted in favor, motion passed unanimously.
C. The third application to be considered today is for the transfer of a Class “FA” alcoholic beverage license from Anderson Franchise Investments d/b/a Perla’s Fresh Mexican located at 2635 45th Street South to North Star Hospitality LLC d/b/a 47 Degrees North to be located at 4281 45th Street South.
Sprague mentioned that after the application was submitted, the applicants requested one of the three applicant’s names be removed. Chief Todd mentioned one of the applicants had a pending criminal case, according to the city policy on liquor application guidelines adopted February 26, 2018; guideline #11 says pending charges will result in the application being held until disposition of the charges.
Moved by Todd, seconded by Larson to hold this application until disposition of the pending criminal case, all voted in favor, motion passed unanimously.
3. Due to Commission Gehrig’s absence, it was decided to continue the discussion about hiring an outside consultant for advice on our liquor ordinances.
Moved by Sprague, seconded by Larson to continue the discussion on outside consultants until Commissioner Gehrig is present.
4. Attorney Morris presented a bullet point list of items under consideration for a proposed Downtown Community Partnership Event Permit (DCP-E). She indicated it would be similar to an E permit, however, only for the DCP. Commissioner Piepkorn said this should be available for others who might want to participate, rushing this process is not good, and we need to take our time. Chief Todd said this is a unique situation, the DCP is an organization representing downtown. Nowhere else in the city is there one group that represents the area. He continued, concern about public safety and traffic have been addressed, he supports only a limited number being issued each year.
Melissa Rademacher, DCP, said the goal was to be conservative, to drive support for local businesses. Using this permit at the Street Fair and other DCP events will require DCP Board approval before the permit request is submitted
Moved by Sprague, seconded by Larson to delay action for one month and seek public input. Motion passed unanimously.
5. Chief Todd presented a request to change 25-1509.2 regarding overserving. The language that requires a corroborating witness has made the overserving ordinance almost unusable. It is the only ordinance that requires an independent witness, there should be no change in the standard of proof the officers face. Commissioner Piepkorn asked if other jurisdictions have similar langue. Chief Todd answered he is not aware of any. Attorney Morris said this is an administrative penalty; violations could result in sanctions to the license.
Moved by Sprague, seconded by Larson to forward the overserving ordinance change to the City Commission for consideration. All voted in favor, motion passed.
There being no further business to come before the Liquor Control Board, the meeting was adjourned at 2:07 p.m. The next regular meeting will be held Wednesday, May 16, 2018 at 1:30 p.m. in the City Commission Room.